Copyright: Its History and Its LawBowker, R. R. (Richard Rogers)
History
Copyright: Its History and Its Law
Bowker, R. R. (Richard Rogers)
Copyright -- History; Copyright -- United States -- History
In Italy the copyright law was considered in relation to mechanical
instruments by several court decisions of which the latest and most
important seems to be in the case of the _Societa Italiana d. Autori v._
Gramophone Co. of London, in which, in 1906, the Royal Court of Milan
held that reproductions of music by gramophone constituted infringement.
This decision held that article three of the Berne convention of 1886
could not derogate from or modify the domestic private law of 1882, and
as the Italian law specifically covers publication and reproduction "by
any method," it includes gramophone discs. "Publication means a process
by which the intellectual concept of the artist is revealed, and brought
to the knowledge of others." "What the legislature wanted has been this:
that the author be the exclusive owner of the external form in which the
creation of the mind has been fixed, and, so to speak, materialized; and
that the right be reserved to him to get from his studies and his
exertions all the economic benefits which he could derive therefrom."
{Sidenote: Other countries}
In the laws of Switzerland of 1883, and Monaco and Tunis of 1889, the
fabrication and sale of mechanical instruments or devices for
reproducing musical airs were excepted from the definition of piracy.
But all these countries have ratified the Berlin convention "without
reservation." Luxemburg and Norway have applied the Berlin provision and
were proclaimed as in reciprocal relation with the United States on June
14, 1911. Russia has followed American precedent in the new law of 1911,
but has no reciprocal relations with the United States.
{Sidenote: Argument for inclusion}
As the opposition to the control by musical composers of mechanical
reproductions of their works is still strong in the United States and in
several countries, notwithstanding recent conventions and legislation,
and is based largely upon restrictive definitions of the words
"writings" and "copies" or their equivalent in other languages, it may
be well to include here the argument made by the writer as
Vice-president of the American (Authors) Copyright League, at the
Congressional hearings on the new American code, of which the essential
portions are as follows:
Public-domain text, read in full here on John Shaqi.
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